GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1072*

Short Title:  T.V. Testimony.	(Public)
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Sponsors: Representative Rhyne.
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Referred to:  Judiciary I.
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April 23, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A CHILD VICTIM MAY TESTIFY IN COURT IN CERTAIN CRIMINAL CASES BY MEANS OF CLOSED CIRCUIT TELEVISION.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 15A of the General Statutes is amended by adding a new Article to read:
"ARTICLE 61.1.
"Testimony by Closed Circuit Television.
"§ 15A-1056.  Testimony of child victim in certain cases by means of closed circuit television.
(a)	In a case in which a defendant is  accused of physical or sexual abuse of a child, a court may order that the testimony of a child victim be taken outside the courtroom and shown in the courtroom by means of closed circuit television if:  (i) the testimony is taken during the proceeding; and (ii) the judge determines that testimony by the child victim in the courtroom in the presence of the defendant will result in the child suffering serious emotional distress such that the child cannot reasonably communicate.  Only the prosecuting attorney, attorney for the defendant, and judge may question the child.
(b)	Only the following persons may be in the room with the child when the child testifies by closed circuit television:
(1)	The prosecuting attorney.
(2)	The attorney for the defendant.
(3)	The operators of the closed circuit television  equipment.
(4)	Any person whose presence, in the discretion of the court, contributes to the reliability of the child's testimony, including the child's parent or guardian, guardian ad litem, and a person who has dealt with the child in a therapeutic setting concerning the abuse.
(c)	During the child's testimony by closed circuit television, the judge and the defendant shall be in the courtroom.  The judge and the defendant shall be allowed to communicate with the persons in the room where the child is testifying by any appropriate electronic method.
(d)	This section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim and the defendant in the courtroom at the same time.
(e)	This section does not apply if the defendant is representing himself without the benefit of counsel.
(f)	For purposes of this section a child is an individual who is less than 18 years old."
Sec. 2.  This act becomes effective October 1, 1991, and applies to offenses occurring on or after that date.